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Criminal Traffic Offenses in Wisconsin

Criminal Traffic Offenses in Wisconsin - Carlos Gamino

By Carlos Gamino

Criminal traffic offenses – which are different from standard speeding tickets – can result in prison time. But what offenses count as criminal, and what can you do if you’re accused of one of them?

Here’s what you need to know.

What Are Criminal Traffic Offenses in Wisconsin?

In the state of Wisconsin, there are several criminal offenses that have to do with operating a motor vehicle. Some of the most common include:

Each of these crimes carries its own set of penalties – and some involve prison time, such as vehicular homicide and drunk driving.

What Should You Do if You’re Accused of a Criminal Traffic Offense?

If you’re arrested and police are accusing you of a criminal traffic offense, your best bet may be to talk to an attorney immediately. Your lawyer will examine the facts of the case and be present with you during police questioning. It’s incredibly important to consult your lawyer before you talk to police. When they tell you that anything you say can be used against you in court, they really mean it.

In many cases, police will tell you that they only want to get your side of the story, even if you’re innocent. But really, their job is to get you to confess to committing a crime. Unfortunately, many innocent people are convicted of crimes they never committed – and sometimes, that’s because they fumbled when trying to explain the situation to police or because the police were able to get them to issue a false confession.

If you’ve been accused of any criminal traffic offense, call our office at 484-383-6700 right away for a free consultation. We’ll answer your questions and start developing a strategy that gets you the best possible outcome right away.

Carlos Gamino

By |2019-11-27T07:19:35-06:00November 27th, 2019|Criminal Law, Traffic Offenses|Comments Off on Criminal Traffic Offenses in Wisconsin

What if You’re Charged With OWI After the Holidays?

Holiday OWIs in Milwaukee - Carlos Gamino

By Carlos Gamino

If you were charged with drinking and driving or operating under the influence over the holidays, your new year is probably off to a rough start – but there are some things you can do to preserve your rights and get the best possible outcome in your case.

What to Do if You Were Charged With OWI During the Holidays

It’s not too late to get in touch with a DUI/OWI attorney in Milwaukee, although the sooner you get in touch with a lawyer, the more time he or she will have to prepare your defense for court. If you were charged with drunk driving or operating while intoxicated over the holiday season, you can still talk to an attorney who may be able to help you.

Your lawyer will need to know:

  • What type of evidence the prosecution has against you, such as a breath or blood test
  • What happened before your arrest
  • What police did after they arrested you and whether you have already been formally charged

Your attorney will also be there to answer your questions, as well, such as what happens next and what penalties you may be facing if you’re convicted.

How Your OWI Lawyer Can Help You

Because the penalties for drunk driving and OWI are so severe, you may find it helpful to work with an attorney who will fight for you. Your attorney can defend you in court, and in some cases, he or she can challenge evidence the prosecution has against you or negotiate with the prosecutor in your case.

Do You Need an OWI Attorney in Milwaukee?

If you need to talk to an OWI or DUI lawyer in Wisconsin such as in Milwaukee or Waukesha, we’re here to help. Call us at 414-383-6700, or get in touch with us online. You’ll talk to an experienced attorney who can give you case-specific legal advice based on your situation.

Carlos Gamino

By |2019-11-24T15:05:50-06:00November 24th, 2019|Criminal Law|Comments Off on What if You’re Charged With OWI After the Holidays?

Wisconsin’s Driving Under the Influence of Drugs Laws

Can You Get in Trouble for Driving on Prescription Drugs - DUID Lawyer Wisconsin

By Carlos Gamino

Ambien has been in the news a lot lately because it’s caused people to get out of bed and commit crimes during the night—and the people accused of those crimes have no recollection of committing them at all. One woman ran over two young girls and their mother with her car, leaving one child with severe brain damage; she claims not to remember anything about the incident until she woke up in jail the next morning.

But what about other prescription drugs, like hydrocodone (Vicodin), meperidine (Demerol), oxycodone (OxyContin), and hydromorphone (Dilaudid), that don’t cause you to forget what you’re doing?

Are You Allowed to Drive on Prescription Drugs?

In the state of Wisconsin, you’re not allowed to drive when you’re impaired. While determining impairment from a drug isn’t as simple as it is with alcohol—police can administer a breath or blood test to find out whether you’re driving drunk—you can still get into serious hot water if you’re caught driving under the influence of drugs.

Wisconsin law says that you can’t drive or operate a motor vehicle while you’re under the influence of an intoxicant, a controlled substance, or a mixture of any of them. That’s true even if you’re using the drug as a prescription and you’re taking it as your doctor intended.

What Happens if You’re Convicted of Driving on Prescription Drugs?

You can still be held accountable for your actions while you’re taking prescription medications. Whether you’re taking a sedative or another type of drug, you’re not allowed to drive while impaired.

If you’re accused of driving under the influence of drugs, it may be in your best interest to get in touch with a Wisconsin criminal defense attorney who will take the time to understand your situation and explain how the laws apply to you.

Call us at 414-383-6700. If it’s easier, get in touch with us online for a free case evaluation.

Carlos Gamino

By |2019-11-24T09:24:35-06:00November 24th, 2019|Criminal Law, Traffic Offenses|Comments Off on Wisconsin’s Driving Under the Influence of Drugs Laws

5 Things You Need to Know about Drunk Driving Causing Injury

5 Things You Need to Know about Drunk Driving Causing Injury - Wisconsin DUI Injury Lawyers

If you cause injury to others while driving under the influence, a judge may order you to remain in police custody until your next court date or release you on your own recognizance, which means that you’ll post bail and return to your daily life until your court date.

Drunk Driving Causing Injury: What You Need to Know

Wisconsin law is very serious about drunk driving, and the state has serious penalties for people convicted of operating under the influence and driving under the influence.

If you’ve caused injury to another person while driving drunk, here’s what you need to know:

1. Your judge will revoke your driver’s license for at least 24 months.

2. Getting back your license after revocation isn’t easy. You will have to pay reinstatement fees and a renewal fee, and if the judge has sentenced you to driver reeducation, you must furnish proof of successful completion at the DMV.

3. The court may sentence you to outpatient counseling or inpatient treatment at a rehab facility.

4. Depending on how severe the victim’s injuries are, a judge could revoke your license for life.

5. Your judge may require you to install an ignition interlock device on your vehicle. You will be responsible for the IID’s cost.

What to Do if You’re Arrested for Drunk Driving Causing Injury

If Wisconsin police arrest you for drunk driving causing injury to one or more other people, the first thing you should do is call a Milwaukee DUI attorney.

Make sure your attorney is with you before you answer investigators’ questions. Your lawyer will be on your side and ensure that your rights are preserved – and he or she might advise you to stay quiet until you’ve had a chance to speak privately. That is your right, and it’s important that you use it.

By |2019-11-20T21:32:48-06:00November 20th, 2019|Criminal Law|Comments Off on 5 Things You Need to Know about Drunk Driving Causing Injury

Involuntary Manslaughter in Wisconsin

What You Need to Know About Involuntary Manslaughter - Carlos Gamino

By Carlos Gamino

Involuntary manslaughter is, under Wisconsin law, considered reckless homicide. If you’ve been accused of this crime, you may want to get in touch with a Milwaukee criminal defense attorney as soon as possible. That’s because there can be serious consequences if you’re convicted.

Involuntary Manslaughter: What You Need to Know

In Wisconsin, there are statutes that cover:

Let’s take a closer look at each.

Second-Degree Reckless Homicide

This crime involves recklessly causing the death of another person or an unborn child. In order for the state to convict you of second-degree reckless homicide, it must show that you acted with criminal recklessness, which means that you created an unreasonable and substantial risk of death or serious physical harm. You must also have been aware of that risk.

Homicide Resulting From Negligent Control of a Vicious Animal

This type of homicide occurs when an animal kills a human, provided the human has been as cautious as possible around the animal and the animal’s owner or handler knows it can be vicious, but still lets it run free or fails to keep it carefully.

Homicide by Negligent Handling of a Dangerous Weapon, Explosives or Fire

This crime involves causing the death of another person by negligently handling or operating a dangerous weapon, like a firearm, air gun, knives or bows and arrows. It can also involve the use of explosives (including fireworks) or fire.

Homicide by Intoxicated Use of a Vehicle or Firearm

This type of involuntary manslaughter involves intoxication and the use of a vehicle or firearm. Drunk driving cases that result in death often include a charge like this, as do cases where the party handling a firearm is drunk and shoots someone.

Homicide by Negligent Operation of a Vehicle

This crime involves causing someone’s death through negligent operation of any vehicle. For example, running a red light and causing a crash that resulted in death could result in this charge.

Have You Been Accused of Involuntary Manslaughter?

If you’ve been accused of any of these types of involuntary manslaughter, or if you’ve received another charge, we may be able to help you. Call us at 414-383-6700 to schedule a free consultation today.

Carlos Gamino

By |2019-11-24T15:49:58-06:00November 16th, 2019|Criminal Law|Comments Off on Involuntary Manslaughter in Wisconsin

OWI vs. DUI in Wisconsin

OWI vs DUI in Wisconsin - Carlos Gamino

By Carlos Gamino

Operating while intoxicated is a little bit different from driving under the influence – but many people use the terms interchangeably. You’ve probably heard them referred to as OWI and DUI, respectively, but technically, they’re different types of criminal offenses. Here’s what you need to know.

OWI vs. DUI in Wisconsin

Under Wisconsin law, you aren’t supposed to operate, control or drive any motor vehicle while you’re drunk or under the influence of drugs. That’s where the finer points of the law come in, too. Both offenses are very serious – and both have harsh penalties for convictions – but the differences are as follows:

  • OWI. Operating while intoxicated applies to anyone who is controlling any part of a vehicle that is needed to make the automobile move.
  • DUI. Driving under the influence applies to people who are actually driving a vehicle while they’re under the influence of alcohol or drugs.

While you can’t be charged with DUI unless you’re driving a vehicle, you can be charged with OWI when you’re not actually driving. For example, if you’re sitting in the driver’s seat of a running – but not moving – vehicle while you’re intoxicated (either by alcohol or drugs), the police can arrest you and the state can charge you with a crime.

These offenses can apply whether you’re driving a car, truck, boat, snowmobile or any other motorized vehicle.

Related: Can you get an OWI on a snowmobile in Wisconsin?

Penalties for OWI vs. DUI in Milwaukee

Both OWI and DUI can be misdemeanors or felonies. It depends on how many prior convictions you have. You can check out the Wisconsin DOT alcohol and drug penalties chart to get more information on the possible penalties that apply to your situation.

Do You Need Legal Advice About an OWI or DUI?

If you’ve been arrested and accused of OWI or DUI, you could benefit from working with an attorney. We’ll be happy to help you – just call us right away at 414-383-6700 to schedule your free DUI or OWI consultation.

Carlos Gamino

By |2019-11-24T16:00:54-06:00November 16th, 2019|Criminal Law|Comments Off on OWI vs. DUI in Wisconsin